Photo courtesy of Ross Lavigne - Drew Barnes, Cypress-Medicine Hat MLA.

By Alex McCuaig

Bill 9

Government seeking more time on public sector union arbitration discussions.

Aug 1, 2019 | 4:35 PM

MEDICINE HAT, AB – It’s legislation which affects workers for some of Medicine Hat’s largest employers, including the hospital, Remand Centre, court house as well as local provincial offices for various ministries.

But while the provincial public sector union believes the Alberta government is breaking its deal with workers, one of the city’s local MLAs says it’s just asking for a little more time to make sure provincial coffers are secure.

In his written court decision granting an injunction against the provincial government’s legislation that would delay arbitration on the final year of a three-year agreement with the Alberta Union of Provincial Employees (AUPE), Justice Eric Macklin said a deal is a deal.

“Members of the public expect that parties to an agreement will honor (sic) commitments made in agreements, and they reasonably expect that parties with whom they contract, regardless of who that may be, will honor (sic) the terms of the agreement made,” wrote Macklin in his decision released on Tuesday.

“It is no different if one of the contracting parties is the government. A member of the public expects, and is entitled to expect, that an agreement reached with the government will be honored (sic).”

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The province has stated it passed Bill 9 to allow for time the blue ribbon panel examining Alberta’s fiscal situation, headed up by Janice MacKinnon, to complete its work.

Drew Barnes, Cypress-Medicine Hat MLA, said the government is simply waiting for the results of that panel and needs an additional 90 days to do so.

“I think it was fair for our government to ask for a little more time – we we’re only elected on April 16 – to ask for a little more time to see exactly where the economic picture of where the province is at. That is all that we were doing,” said Barnes.

Barnes said the government isn’t trying to change the contract, “we’re just saying, we’re a brand new government, partially waiting for the MacKinnon report, to show exactly what the economic picture of Alberta is.”

Guy Smith, AUPE president, said the argument that the province needs to have a better view of its finances wasn’t necessary for the government to announce corporate tax breaks and it shouldn’t be necessary to meet contractual agreements.

Smith said what is being impacted is, “a legally binding collective agreement that had been negotiated in good faith and we believe the state does not have the power or the authority to pass legislation that basically rips part of that agreement and that deal away.”

The written decision also stated it is in the public interest not to allow a government to unilaterally change contractual obligations through legislation.

“I think that is a very firm statement and confirms what we’ve been saying all along,” said Smith.

The province has announced it will appeal Tuesday’s decision.